Understanding Your Rights as an Employee: A Guide to Employment Litigation

As an employee, you must know your rights if you want to protect yourself at work in New Jersey and Pennsylvania.

If you know employment laws, you can avoid unfair practices and exploitation. Besides, you will receive the rights and privileges according to laws. 

Employment laws provide a framework of rights and regulations for employers and employees.

 So, you must understand your employment laws to make informed decisions about handling situations with your employer. This way, you also know that you’re working under lawful conditions. 

In the following guide, you will find the employment laws you must understand to avoid any issues. Let’s start with a better understanding.

What Are Employment Laws?

The following employment will help you in New Jersey and Pennsylvania. Let’s have a brief look!

Prohibition of Discrimination:

The law gives the right to protected classes. Employers can’t discriminate and retaliate against anyone in the workplace. It isn’t legal to discriminate against employees based on race, national origin, religion, and sex.  If you face any lawful activity at your workplace, you must hire employment litigation lawyers.

Besides, employers may not retaliate against employees who complain about discriminatory practices. If employees believe their rights have been violated due to unlawful discrimination or retaliation in the workplace, they can file a complaint with the appropriate government agency.

Employees should be aware of their legal rights regarding workplace discrimination and retaliation so they can take action. If employers violate employment laws, you must hire an employment lawyer for legal help.

Allow Wage Discussion :

Employees have the right to discuss the wage with their co-workers for the sake of investigation. Companies complain about their policies and procedures with this law to avoid legal action.

On the other hand, no employer can retaliate by asking such a question. If someone does this, it will not be a legal move.

Pregnancy Accommodation:

According to the Pregnancy Discrimination Act, employers must provide reasonable accommodations for pregnant employees or those recovering from childbirth, breastfeeding, or with a pregnancy-related medical condition.

Besides, Employers should keep information about an employee’s pregnancy confidential.

Employers also recognize the legal obligation to make reasonable accommodations for pregnant employees. On the other hand, if any employer avoids doing so, you can take legal action against them with the help of paternity lawyers.

Pregnancy accommodation includes:

  • Bathroom breaks
  • Restroom break
  • Adjust work schedule
  • Water break
  • Periods rest
  • Change job duties
  • Temporary transfer
  • Assistance with manual labor
  • Change seating place

Equal Pay:

Employers provide equal pay to all employees regardless of their class or background according to law. This means an employer cannot discriminate against an employee based on race, gender, religion, age, etc.

The Equal Pay Act (EPA) prohibits this form of discrimination and ensures that each employee is compensated fairly and equally for their work.

Even if two employees have different job titles but perform equivalent duties, the employer must still ensure that both employees receive equal pay for those duties.

But based on seniority and merit, employers can raise the pay of any employee.

Whistleblowers Protection:

Employment law provides a range of protections for whistleblowers. This includes protection from dismissal, demotion, or other forms of discrimination due to blowing the whistle on wrongdoing.

Employment law may provide financial compensation to those who have been wrongfully dismissed. This law is here to increase morality in the workplace.

But those who act inappropriately when raising their concerns may face disciplinary action.

Besides, those who make false claims can also face criminal prosecution under relevant laws such as the False Claims Act. 

If any employer threatens any employee based on whistleblowing, he or she has to face legal action. Employees have the right to sue for such unethical and unlawful actions in court.

Salary History Inquiry Prohibition :

According to employment laws, employers can’t inquire about the salary history of any employee. Such questions can cause many issues. This is why many states and localities have gone so far as to ban salary history inquiries altogether.

So, employers should avoid inquiring about an applicant’s or employee’s salary history during the hiring process.

On the other hand, employers should focus on the skills and qualifications of the individual without reference to past earnings.

Law of Leave :

There is the following leave that comes under employment law:

  1. Paid Family Leave

According to law, employees have the right to enjoy paid family leave under the following circumstances:

  • Birth of child
  • Adoption of child
  • Caring for a family member

Paid family leave allows employees to take the necessary time without worrying about losing their income.

  • Paid Sick Leave

Company employees can receive 40 hours of paid sick leave per year. There is the following ground on which an employee can avail of this paid sick leave:

Employees or family members diagnose

  • Mental or physical illness
  • Other health bad health conditions
  • Sexual violence
  • Closure of employee’s child’s school
  • Competent health authority issues certificate to employees not to visit gathering for the interest of the general public
  • To attend parent-teacher meeting

Health and Safety :

Employment laws give the right to health and safety to all employees. This law includes:

  • Workplace Safety

Employers have a responsibility to ensure the safety of the workplace from hazards. Employees have the right to work in a safe environment free from fire, electrical shock, falls, and other dangers. Employers must provide workers with necessary safety equipment such as protective clothing, goggles, and other gear. If you want to know more about workplace safety, you can get advice from a compliance lawyer.

  • Smoke-Free Place

The Smoke-Free Air Act protects the health of employees. This law reduces exposure to secondhand smoke and other toxins by prohibiting smoking in indoor public places and workplaces.

  • Safe Driving Practice

Using a mobile phone while driving is extremely dangerous. The law doesn’t allow anyone to do so and puts a penalty or lawsuit. Employers must communicate with their employers not to use mobile or other gadgets while driving.

Recruitment and Hiring :

Key requirements impacting recruiting and hiring are the following:

  • Credit Check

According to employment law, employers may obtain an applicant’s credit report as part of their pre-employment screening process. Federal and state laws also sometimes allow employers to request credit reports. In case of any issues, you can get the help of wrongful termination lawyers.

  • Criminal Check

Employers may inquire into an applicant’s conviction records if the convictions are reasonably related to the position for which they are applying. For instance, an employer could ask about prior convictions for theft or fraud if the position involves handling money.

On the other hand, employers may not ask about the arrest in past convictions. 

Organization Termination or Exit :

Employers must provide all wages due to an employee when a termination of employment occurs. This includes any unused vacation or sick days. This also includes all forms of compensation, such as bonuses and commissions.

Why You Should Hire a Litigation Lawyer:

To sum up, hiring a skilled and experienced litigation lawyer is important for the success of any legal dispute in the workplace. 

A good lawyer understands the nuances of the law and has an intimate knowledge of court proceedings and protocol. They can also provide valuable insight into your case – from researching prior cases that may help support your argument to identifying potential witnesses who could testify on your behalf. Litigation lawyers are highly trained professionals who possess the necessary skills to navigate complex legal proceedings with expertise.


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